Herman v Herman

Herman v Herman 2017 NY Slip Op 07161 Decided on October 12, 2017 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 12, 2017
No. 137 SSM 16

[*1]Rosemarie A. Herman, & c., et al., Respondents, Avon Bard LLC, et al., Plaintiffs,

v

Julian Maurice Herman, et al., Appellants, Michael Offit, et al., Defendants. (And a Third-Party Action.)

Submitted by John Siegal, for appellants.

Submitted by Natasha Shishov, for respondents.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. Supreme Court did not abuse its discretion in precluding defendant Julian Maurice Herman from participating in the inquest to assess damages against him. Moreover, the denial of that defendant's cross motion was proper. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur. Judge Feinman took no part.

Decided October 12, 2017